Non-Addictive Cigarettes: A Regulatory Pathway to a Smoke-Free Society

Wednesday, August 15, 2012: 3:20 PM
1501C (Kansas City Convention Center)
Mr. Mark Gottlieb, JD , Northeastern University School of Law, Public Health Advocacy Institute, Boston, MA
Prof. Richard Daynard, PhD, JD , Northeastern University School of Law, Public Health Advocacy Institute, Boston, MA

Learning Objectives

At the conclusion of this presentation attendees will be able to:

  1. Understand the ways in which the FDA could seize the public health opportunity of the century under existing legal authority by requiring cigarettes to be non-addictive.

Cross Cutting Program Area(s): Legal Issues and Nicotine and the Science of Addiction

Audience:  This presentation is a “big idea” that should provide value to audience members who are: a) tobacco control leaders looking for endgame approaches within our current legal and regulatory framework; b) engaged in policy development; and c) involved in cessation or tobacco smoke exposure interventions.   

Key Points:   The Family Smoking Prevention and Tobacco Control Act provided express regulatory authority to the FDA to limit nicotine yields of tobacco products, including conventional cigarettes, to anything greater than zero.   Limiting the nicotine yields of cigarettes to levels comparable to those of nightshade vegetables is within the FDA’s regulatory authority.  The agency must have a scientific basis for determining a public health benefit from such a potential rulemaking initiative.  While non-addictive cigarettes would result in reduced initiation and accelerated cessation as well as reductions in smoke exposure of non-smokers, determining the best approach to implement such a rule is related to an ongoing major study of de-nicotized cigarettes.  Likely legal challenges to such a rulemaking initiative would be made by cigarette makers and others and will be discussed.  Comparisons to alcohol Prohibition and illicit drug policy also will be addressed.

Educational Experience:  By learning how this cigarette endgame strategy fits into the contemporary U.S. regulatory environment and considering how it may be an attainable goal of the Movement, the audience should consider how it would transform their work in policy, cessation, youth prevention, and tobacco smoke exposure prevention. 

Benefits: The session will seek to articulate a coherent and legally sound approach to a smoke-free society within the decade.